HomeMy WebLinkAboutC-1600(D) - Right of Entry, bicycle trail0
PMLIC WOM DEPARTMENT
Attention: Steve Buckram
M M Y
S August 15, 1974
RIGW OF DnW AGREEMENT WITH THE IRVINE 001'1PANY FOR SLOPE
0-1600
Attached are two fully executed copies of the above agr+eemrnt.
Please transmit one copy to The Irvine Oompany and keep the other
for your files.
Laura Lagios
City Cie&,
swk
enc.
0
ENTRY AGREEMENT
THIS ENTRY AGREEMENT is made and entered into this fLI TH
day of Ay r. v,5 7 , 1974, by and between THE IRVINE COMPANY,
a West Virginia corporation, hereinafter referred to as "IRVINE ",
and the "CITY OF NEWPORT BEACH ", a municipal corporation, herein-
after referred to as "CITY ".
W I T N E S S E T H:
WHEREAS, IRVINE is the owner of certain real property in the
City of Newport Beach, County of Orange, State of California,
located adjacent to and southerly of Ford Road as shown on Exhibit
"A ", attached hereto and by this reference made a part hereof, and
hereinafter referred to as "the premises "; and
WHEREAS, CITY desires to enter upon the premises to construct
a fill slope and to extend existing drainage facilities to facilitate
the construction of a bicycle trail.
NOW, THEREFORE, in consideration of the foregoing, the parties
hereto agree as follows:
I. Right of Entry
IRVINE hereby grants to CITY, its agents and employees,
the right to enter upon the premises adjacent to the right -of -way,
as delineated on Exhibit "A" and as it exists at the time of
award of City Contract No. 1600 for the construction of fill slopes
and the extension of existing drainage facilities.
II. Construction and Maintenance
Said entry permit is limited to entry for the purpose of
construction and maintenance adjacent to Ford Road in accordance
with the plans and specifications for Contract 1600, and City of
Newport Beach Drawing R- 52 -45 -5. Said construction and maintenance
will include:
-1-
r R •
•
A. Extension of the existing southerly fill slope
on Ford Road to accommodate bicycle trail construction at top
of slope.
B. Extension of the existing drainage culvert which
presently discharges on the southerly side of Ford Road.
grasses.
C. Planting of fill slope with native type perennial
D. Maintenance of the drainage culvert.
III. Term
The term of this entry permit, as applied to items 2(a),
2(b) and 2(c) shall continue until construction is complete, but in
no event later than January 1, 1975.
This entry permit, as applied to item 2(d) shall remain
in force and effect until such time as said improvements are removed
or this agreement is mutually modified by the parties hereto. Until
such time, CITY shall maintain said improvements.
IV. Hold Harmless
IRVINE shall not be liable for any loss, damage or
injury of any kind or character to any person or property caused
by or arising from any act or omission of CITY or any of its agents
or employees. CITY, as a material part of the consideration for
this Agreement, hereby agrees to indemnify and hold IRVINE free and
harmless from all liability for any such loss, damage or injury.
V. Liens
CITY shall not suffer or permit to be enforced against
the premises covered by this entry agreement, or any part thereof,
any mechanics', materialmen's, contractors' or subcontractors' liens
or any claim for damages arising out of the work authorized by
this Agreement, and CITY shall pay or cause to be paid all of said
liens, claims or demands before any action is brought to enforce
the same against said land. CITY agrees to indemnify and hold
IRVINE and said land free and harmless from all liability for any
and all such liens, claims and demands, together with reasonable
-2-
9
attorneys' fees and all costs and expenses in connection there-
with. IRVINE reserves the right at any time and from time to
time to post and maintain on the premises such notices as may be
necessary to protect IRVINE against liability for any and all
such liens or claims.
IN WITNESS WHEREOF, the parties hereto have executed this
Entry Agreement as of tj"dW_._and year first above written.
ATTEST: V.
jAA
ty C erk
APPROVED AS TO FORM:
Assistant Ci
OF NEWPORT BEACH
mayor
CITY
THE IRVINE COMPANY
-3-
C
�1
1 84 00
v
�4C)
.v
�a
No
•ed\
�J
J \
\1 134"
r 1340.00 .
G 40.00'
G
Rt4AREA
� A2eA
� �ETAtL
tZ1C,�t�1 OF- ENT1Z`( A1ZEA
�2 \o 5CALE t,, , 40'
4`r• o ti
0 9
�
Oa O
i
�00
N
E N7RY \ l9 c0
FOR Ln
It C5EE g6TA%L)
a
C
\ �0\
406
'p 0\
O� /
o `
� • %2 N
O
2
� p0
\ 0
"0 J
\ 2
11 \ d
d
O' d
O.
2.
N \as °
jckA -E. r - IOO'
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
' j\CYCLE TRAIL CASEMENT
A' 30MNC, FORD ROAD
AND Rt(�NT -OF - Et�ITRY AREA
TRUE POINT of
l5tr,IMN,Ny .
DRAWN UaLm DATE
APPROVED
W�
0
0
N
�r
N"
K1
N U)
U
vN..�
PUBLIC WORKS DIRECTOR
R.E. NO. _
DRAWING NO. E7.Hkr5 IT A
TO
FROM
SUBJECT
0 W
CITY CLERK August 13,1974
Public Works Department
FORD ROAD WIDENING (C -1600) R/W AND RIGHT -OF -ENTRY
AGREEMENTS
Attached for execution are four (4) copies of a R/W Agreement
with The Irvine Co. and Philco -Ford Corp., and three (3) copies
of a Right -of -Entry Agreement with The Irvine Co. for slope
reconstruction associated with the subject project.
Please have the documents executed and return 3 and 2 copies
respectively to us for transmittal to the parties involved.
L..
Steve knam
Project Manager
A *.A 67c,
AUG 12 1974
By fhe CITY COUNCIL
CITY OF "Powsw REACH
0
RESOLUTION NO. 8 3 2 S
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A RIGHT -OF -ENTRY AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND THE IRVINE COMPANY TO
CONSTRUCT SLOPE IMPROVEMENTS FOR A BICYCLE
TRAIL ON FORD ROAD
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain right -of -entry agreement
between the City of Newport Beach and The Irvine Company to
construct slope improvements for a bicycle trail on the southerly
side of Ford Road; and
WHEREAS, the City Council has considered the terms
and conditions of said right -o£ -entry agreement and found them
to be fair and equitable, and in the best interests of the
City;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said right -of -entry agreement
above described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf
of the City of Newport Beach.
ADOPTED this 12th day of August, 1974.
Mayor
ATTEST:
City Clerk
mh
8/9/74